WAUKESHA, Wis. — Prosecutors have rested their case in the Darrell Brooks homicide trial. On Thursday, Brooks also made his opening statement and began to call witnesses.
Brooks faces 76 charges, including six counts of first-degree intentional homicide and 61 counts of felony reckless endangerment, for killing six people and injuring dozens more in the Waukesha parade attack.
Prosecutors argued Brooks turned his red SUV into the parade after fleeing a domestic incident. That's despite warnings from police to stop and officers opening fire on him, though no squad cars were pursuing him at the time. Brooks has pleaded not guilty to all 76 counts and is serving as his own defense.
Brooks made an emotional opening statement, which, he said, came unscripted and from the heart.
"The fact is, this incident was very tragic. That’s not lost on me. The facts are, there are still a lot of people healing. A lot of families healing. On both sides," said Brooks.
Brooks called Nicholas Kirby to the stand for testimony that would last around an hour. Kirby testified that he called the police on Brooks for assaulting a woman in an SUV before then driving into the parade.
"I saw a red SUV take off like a bat out of hell down Main Street and go through a crowd of people," said Kirby.
Brooks spent his direct examination of Kirby questioning his recollection of events before the parade tragedy.
For Friday, Brooks has nine remaining witnesses he subpoenaed. Judge Jennifer Dorow suggested Brooks call three or four in the morning and three or four in the afternoon. She said she'd like to get through all of his witnesses on Friday.
Brooks didn't disagree but said one of his witnesses, his former partner, would take much longer than others.
LATEST UPDATES FROM DARRELL BROOKS TRIAL: THURSDAY, OCT. 20
5 p.m. update:
The court wrapped up for the day. Brooks has nine remaining witnesses he subpoenaed. Judge Dorow believes they could get through at least three or four in the morning, and three or four more in the afternoon. She hopes to get through all of Brooks' witnesses on Friday.
Brooks will be calling his ex and says it will take far more than the judge's hopeful schedule of 30 minutes for each witness. Judge Dorow reminds Brooks they are nearing the end of the third week of trial and need to keep things moving.
2:30 p.m. update:
Witness Nicholas Kirby testifies he told police that a man, Brooks, was assaulting a woman in an SUV on the day of the parade. Kirby says it was not long before the Christmas parade tragedy occurred.
2:10 p.m. update:
Brooks first calls the State of Wisconsin in his defense. State objects. Judge tells him witness must be a person and to call his next witness. He moves on, calls Nicholas Kirby.
"Good afternoon Mr. Kirby, how are you today?" asks Brooks. "I'm here," says Kirby. Kirby was hanging out with Brooks' ex and his ex's friend the afternoon of November 21st. He says he'd advised Brooks' ex not to meet with Brooks that day.
2 p.m. update:
Brooks gives his opening statement. Watch below:
1:52 p.m. update:
Brooks opening statement in full: "There are always two sides to a story. And for so long now, roughly a year, there’s only been one side told of the story. I’ve sat back and watched from countless narratives that have been put out there. The way this incident has been portrayed at times.
And finally, everyone given a chance to get the full story. Um, you won’t hear me try to argue facts. The fact is, this incident was very tragic. That’s not lost on me. The facts are, there are still a lot of people healing. A lot of families healing. On both sides.
And what I’m confident that the evidence will show, sorry I’m getting a little emotional. But I'm confident that the evidence will show that this incident was not planned, this incident was not intentional, and this intentional was never even thought about.
It’s easy to, I’m sorry. Give me a second. It's easy to look at the magnitude of something like this, and form opinions. I think, uh, it’s easy to disregard a lot of factors. And to reference what I stated earlier, it’s easy to forget the other side of the coin.
There has been, uh, a lot of suffering involved in this incident. Obviously, um, with the families, with the community, and, uh, even the alleged defendant’s family as well. There’s been a lot of suffering. A lot of misunderstanding.
And, uh, I just want you to keep in my everything that’s being presented, in totality, to keep in mind, the power that you have. I believe, uh, that shouldn't escape your knowledge. This has been a long process for everybody.
And I believe when it’s time for you to make your decision, all of you, I believe that, and I pray that, it’s the right decision. That all the factors are weighed. There’s been a lot of words thrown out there about the alleged. A lot of speculation. A lot of ridicule.
I pray your eyes and ears remain as open as possible. I understand that you alone decide this case, this matter. The power is in your hands. All of you. To determine for yourselves, what truth is. Thank you."
1:40 p.m. update: Brooks gives opening statement
We're back. Judge says "Mr. Brooks, I presume you're ready to make your opening statement?"
He says he's unable to find the files he needs for his witnesses, so he's not sure what witnesses are here.
Judge says state will make a list. Please make your opening statement first.
Judge is bringing jury in now for Brooks to make his opening statement. He's challenging subject matter jurisdiction as jury enters the court. Dorow tells the jury to disregard his statements. The defendant will now make an opening statement, says Dorow.
Brooks takes off his mask to make his opening statement. "I don't have a well-prepared speech, so I'm going to speak from the heart."
12:10 p.m. update:
Prosecutors have rested their case in the Darrell Brooks homicide trial. Judge Dorow asked Brooks to make an opening statement after lunch and begin to call his first witnesses.
BREAKING: State rests in #DarrellBrooks homicide trial. Judge Dorow asks Brooks to make opening statement after lunch and begin to call his first witnesses. He's still demanding the judge prove subject matter jurisdiction. pic.twitter.com/4b1S1SdEMC
— Bruce Harrison (@HarrisonMKE) October 20, 2022
11:30 a.m. update:
Brooks and Judge Dorow got into a bit of a tiff prior to taking a 15 minute recess. Judge Dorow was attempting to make a ruling and Brooks kept interrupting.
"I don't like your tone," Brooks told Dorow.
"You've been pushing on my buttons all day," Dorow said.
Watch the altercation:
10:58 a.m. update:
The state wrapped up its questioning around 10:15 a.m. Brooks then proceeded to cross-examine Casey until Judge Dorow ended the cross.
Opper requested a brief redirect. When allowed, the state showed a music video featuring Brooks.
He used to perform under the name MathBoi Fly.
Casey says "I believe there is no doubt that is Mr. Brooks in the video. And later standing next to the Ford Escape [in video]."
Watch the music video:
9:32 a.m. update:
Detective Casey testified that he found Virginia Sorensen's jacket and hat on the hood of the red SUV involved in the incident. She was one of the Dancing Grannies killed in the parade.
Casey also identified Brooks in a photo that was time-stamped just a few hours before the parade.
9 a.m. update:
Following a bit of housekeeping regarding subject matter jurisdiction and Brooks' opening statements, which are expected today, the state recalled Detective Tom Casey.
During his initial testimony, Casey provided background and context on the investigation into the attack.
"This is not unusual. This is commonly done in cases. We always intended to recall him. We did this so we can sufficiently present information to the jury," said District Attorney Susan Opper.
RECAP OF COURT PROCEEDINGS FROM WEDNESDAY, OCT. 19
On Wednesday, jurors left the courtroom to view the red SUV involved in the attack. Brooks did attend that viewing, as well as Judge Dorow and the prosecutors. The media were not allowed to attend.
During yesterday's proceedings, jurors heard from a handful of witnesses who were called to verify the surveillance video provided to investigators. Waukesha Police Officer Kyle becker was also called to the stand. He canvassed a neighborhood for evidence after the attack.
"I located, in that platform area, the grey hooded sweatshirt that had a multicolored design, the same sweatshirt we believe Mr. Brooks was wearing during the parade incident," said Becker.
The state also called a Wisconsin State Patrolman who testified that the red SUV had no problems with its brakes after it was damaged.
Once again, Brooks cross-examined the witnesses at great length. He also continued to interrupt Judge Dorow and made comments, sometimes under his breath, during direct examination by the state.